KARU CHINA APPALASWAMY Vs. KARU PEDA APPALASWAMY

JUDGEMENT

(1.) This Second Appeal is filed by the defendant in O.S.No.521 of 1984 on the file of the Court of Principal District Munsif, Vizianagaram.

(2.) The respondent, who is the elder brother of the appellant, filed the suit for the relief of perpetual injunction in respect of Ac.1.64 cents out of Ac.6.66 cents of land in Sy.No.l36/A old (Sy.No.296/2 new) of Lakkidam village of Vizianagaram District. He pleaded that himself and two others have jointly purchased an extent of Ac.3-00 out of Ac.6.66 cents of land through a sale deed dated 11-11-1969, which is marked as Ex.A.l. According to him, there was a family partition between himself and the appellant herein much before the purchase of the said land and though the appellant had nothing to do with the land, he started interfering with his possession.

(3.) The appellant filed a written statement, disputing the contents of the plaint. He pleaded that the suit schedule property was purchased with the sale proceeds of an item of the property belonging to the family and being the elder member and Kartha of the family, the respondent purchased it in his name along with the other co-purchasers. It was also his case that in accordance with the family arrangement, he is in possession and enjoyment of the said item of property.